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R (Factortame Ltd) v Secretary of State for Transport

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R (Factortame Ltd) v Secretary of State for Transport was a judicial review case taken against the United Kingdom government by a company of Spanish fishermen who claimed that the United Kingdom had breached European Union law by requiring ships to have a majority of British owners if they were to be registered in the UK. [1]

87 relations: A. V. Dicey, Act of Parliament, Advocate General, Brasserie du Pêcheur v Germany, Charles Jauncey, Baron Jauncey of Tullichettle, Chartering (shipping), Common Fisheries Policy, Constitution of the United Kingdom, Costa v ENEL, Court of Appeal (England and Wales), David Hope, Baron Hope of Craighead, Direct effect of European Union law, Directive (European Union), Divisional court (England and Wales), Domicile (law), Donald Nicholls, Baron Nicholls of Birkenhead, English law, European Commission, European Communities Act 1972 (UK), European Court of Justice, European Union law, Exclusive economic zone, Federal Court of Justice, Fishing vessel, Francovich v Italy, Gerald Barling, Giuseppe Tesauro, Gordon Slynn, Baron Slynn of Hadley, Government of the United Kingdom, Harry Woolf, Baron Woolf, Henry Brandon, Baron Brandon of Oakbrook, High Court of Justice, History of the Constitution of the United Kingdom, House of Lords, James Clyde, Baron Clyde, Jean Mischo, John Donaldson, Baron Donaldson of Lymington, John Hobhouse, Baron Hobhouse of Woodborough, John Laws (judge), Judicial functions of the House of Lords, Judicial review, Judicial review in English law, Kenneth Diplock, Baron Diplock, Kompetenz-kompetenz, Konrad Schiemann, Law Quarterly Review, Lawrence Collins, Baron Collins of Mapesbury, Limitation Act 1980, Macarthys Ltd v Smith, Member state, ..., Merchant Shipping Act 1988, Nicholas Lyell, Nigel Bridge, Baron Bridge of Harwich, Overfishing, Oxford University Press, Parliament of the United Kingdom, Parliamentary sovereignty, Patrick Neill, Baron Neill of Bladen, Paul Craig (law professor), Pescanova, Peter Oliver, Baron Oliver of Aylmerton, Preliminary injunction, Preliminary ruling, Primacy of European Union law, Principle of conferral, Punitive damages, Race Relations Act 1976, Rhodri Thompson, Robert Goff, Baron Goff of Chieveley, Robert Walker, Baron Walker of Gestingthorpe, Rule of recognition, Secretary of State for Transport, Senior Courts Act 1981, Simmental, State liability, Status quo ante bellum, Stephen Richards (judge), Structural Funds and Cohesion Fund, Technology and Construction Court, Thoburn v Sunderland City Council, Tom Bingham, Baron Bingham of Cornhill, Tom Denning, Baron Denning, Tort, Treaty of Rome, Van Gend en Loos v Nederlandse Administratie der Belastingen, William Wade (legal scholar), 1993 Cherbourg incident. Expand index (37 more) »

A. V. Dicey

Albert Venn Dicey, KC, FBA (4 February 1835 – 7 April 1922), usually cited as A. V. Dicey, was a British jurist and constitutional theorist.

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Act of Parliament

Acts of Parliament, also called primary legislation, are statutes passed by a parliament (legislature).

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Advocate General

An advocate general is a senior officer of the law.

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Brasserie du Pêcheur v Germany

Brasserie du Pêcheur v Germany and R (Factortame) v SS for Transport (No 3) (1996) C-46/93 and C-48/93 is a joined EU law case, concerning state liability for breach of the law in the European Union.

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Charles Jauncey, Baron Jauncey of Tullichettle

Charles Eliot Jauncey, Baron Jauncey of Tullichettle, PC (8 May 1925 – 18 July 2007) was a British judge and advocate.

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Chartering (shipping)

Chartering is an activity within the shipping industry whereby a shipowner hires out the use of his vessel to a charterer.

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Christmas

Christmas is an annual festival commemorating the birth of Jesus Christ,Martindale, Cyril Charles.

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Christmas and holiday season

The Christmas season, also called the festive season, or the holiday season (mainly in the U.S. and Canada; often simply called the holidays),, is an annually recurring period recognized in many Western and Western-influenced countries that is generally considered to run from late November to early January.

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Christmas Eve

Christmas Eve is the evening or entire day before Christmas Day, the festival commemorating the birth of Jesus.

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Christmas traditions

Christmas traditions vary from country to country.

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Common Fisheries Policy

The Common Fisheries Policy (CFP) is the fisheries policy of the European Union (EU).

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Constitution of the United Kingdom

The United Kingdom does not have one specific constitutional document named as such.

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Costa v ENEL

Flaminio Costa v ENEL (1964) Case 6/64 was a landmark decision of the European Court of Justice which established the primacy of European Union law (then Community law) over the laws of its member states'.

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Court of Appeal (England and Wales)

The Court of Appeal (COA, formally "Her Majesty's Court of Appeal in England") is the highest court within the Senior Courts of England and Wales, and second only to the Supreme Court of the United Kingdom.

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David Hope, Baron Hope of Craighead

James Arthur David Hope, Baron Hope of Craighead, (born 27 June 1938) is a retired Scottish judge who served as the first Deputy President of the Supreme Court of the United Kingdom from 2009 until his retirement in 2013, having previously been the Second Senior Lord of Appeal in Ordinary.

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Direct effect of European Union law

In European Union law, direct effect is the principle that Union law may, if appropriately framed, confer rights on individuals which the courts of member states of the European Union are bound to recognise and enforce.

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Directive (European Union)

A directive is a legal act of the European Union which requires member states to achieve a particular result without dictating the means of achieving that result.

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Divisional court (England and Wales)

A divisional court, in relation to the High Court of Justice of England and Wales, means a court sitting with at least two judges.

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Domicile (law)

In law, domicile is the status or attribution of being a lawful permanent resident in a particular jurisdiction.

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Donald Nicholls, Baron Nicholls of Birkenhead

Donald James Nicholls, Baron Nicholls of Birkenhead, PC (born 25 January 1933), is a British lawyer and retired Law Lord (Lord of Appeal in Ordinary).

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English law

English law is the common law legal system of England and Wales, comprising mainly criminal law and civil law, each branch having its own courts and procedures.

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European Commission

The European Commission (EC) is an institution of the European Union, responsible for proposing legislation, implementing decisions, upholding the EU treaties and managing the day-to-day business of the EU.

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European Communities Act 1972 (UK)

The European Communities Act 1972 (c. 68) is an Act of the Parliament of the United Kingdom which made legal provision for the accession of the United Kingdom to the three European Communities, namely the EEC (or "Common Market"), Euratom, and the (now defunct) Coal & Steel Community.

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European Court of Justice

The European Court of Justice (ECJ), officially just the Court of Justice (Cour de Justice), is the supreme court of the European Union in matters of European Union law.

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European Union law

European Union law is the system of laws operating within the member states of the European Union.

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Exclusive economic zone

An exclusive economic zone (EEZ) is a sea zone prescribed by the United Nations Convention on the Law of the Sea over which a state has special rights regarding the exploration and use of marine resources, including energy production from water and wind.

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Federal Court of Justice

The Federal Court of Justice (Bundesgerichtshof, BGH) in Karlsruhe is the highest court in the system of ordinary jurisdiction (ordentliche Gerichtsbarkeit) in Germany.

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Fishing vessel

A fishing vessel is a boat or ship used to catch fish in the sea, or on a lake or river.

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Francovich v Italy

Francovich v Italy (1991) C-6/90 was a decision of the European Court of Justice which established that European Union member states could be liable to pay compensation to individuals who suffered a loss by reason of the member state's failure to transpose an EU directive into national law.

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Gerald Barling

Sir Gerald Edward Barling (born 18 September 1949), styled The Hon.

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Giuseppe Tesauro

Giuseppe Tesauro, born, is an Italian judge and was President of the Constitutional Court of Italy.

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Gordon Slynn, Baron Slynn of Hadley

Gordon Slynn, Baron Slynn of Hadley (17 February 1930 – 7 April 2009) was a British jurist specialising in European and International Law, and a former judge of the European Court of Justice and Lord of Appeal in Ordinary.

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Government of the United Kingdom

The Government of the United Kingdom, formally referred to as Her Majesty's Government, is the central government of the United Kingdom of Great Britain and Northern Ireland.

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Harry Woolf, Baron Woolf

Harry Kenneth Woolf, Baron Woolf, (born 2 May 1933) is a British life peer, and retired barrister and judge.

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Henry Brandon, Baron Brandon of Oakbrook

Henry Vivian Brandon, Baron Brandon of Oakbrook PC MC (3 June 1920 – 24 March 1999) was a British judge.

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High Court of Justice

The High Court of Justice is, together with the Court of Appeal and the Crown Court, one of the Senior Courts of England and Wales.

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History of the Constitution of the United Kingdom

The Constitution of the United Kingdom has evolved over a long period of time beginning in the predecessor states to the United Kingdom and continuing to the present day.

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House of Lords

The House of Lords of the United Kingdom, also known as the House of Peers, is the upper house of the Parliament of the United Kingdom.

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James Clyde, Baron Clyde

James John Clyde, Baron Clyde PC, QC (29 January 1932 – 6 March 2009) was a Scottish judge.

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Jean Mischo

Jean Mischo (born 1938, Luxembourg City, died 10 May 2016), was an Advocate General of the European Court of Justice.

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John Donaldson, Baron Donaldson of Lymington

John Francis Donaldson, Baron Donaldson of Lymington, PC (6 October 1920 – 31 August 2005) was a senior British judge who served as Master of the Rolls for ten years, from 1982-92.

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John Hobhouse, Baron Hobhouse of Woodborough

John Stewart Hobhouse, Baron Hobhouse of Woodborough, PC (31 January 1932 – 15 March 2004) was a British judge and law lord.

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John Laws (judge)

Sir John Grant McKenzie Laws PC (born 10 May 1945), is a former Lord Justice of Appeal.

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Judicial functions of the House of Lords

The House of Lords, in addition to having a legislative function, historically also had a judicial function.

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Judicial review

Judicial review is a process under which executive or legislative actions are subject to review by the judiciary.

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Judicial review in English law

Judicial review in English law enables people to challenge the exercise of power, often by a public body.

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Kenneth Diplock, Baron Diplock

William John Kenneth Diplock, Baron Diplock, QC (8 December 1907 – 14 October 1985) was a British judge and Law Lord.

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Kompetenz-kompetenz

Kompetenz-kompetenz, or competence-competence, is a jurisprudential doctrine whereby a legal body, such as a court or arbitral tribunal, may have competence, or jurisdiction, to rule as to the extent of its own competence on an issue before it.

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Konrad Schiemann

Sir Konrad Hermann Theodor Schiemann, PC (born 1937) is a British barrister and judge.

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Law Quarterly Review

The Law Quarterly Review is a peer-reviewed academic journal covering common law throughout the world.

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Lawrence Collins, Baron Collins of Mapesbury

Lawrence Antony Collins, Baron Collins of Mapesbury, (born 7 May 1941), is a British judge and former Justice of the Supreme Court of the United Kingdom.

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Limitation Act 1980

The Limitation Act 1980 (c. 58) is a British Act of Parliament applicable only to England and Wales.

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Macarthys Ltd v Smith

Macarthys Ltd v Smith (1980) is an EU law, UK constitutional law and UK labour law case, concerning the construction of a sex discrimination statute, and its compatibility with European treaties, now in the European Union.

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Member state

A member state is a state that is a member of an international organization or of a federation or confederation.

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Merchant Shipping Act 1988

The Merchant Shipping Act 1988 c.12 was an Act of Parliament of the United Kingdom.

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New Year

New Year is the time or day at which a new calendar year begins and the calendar's year count increments by one.

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New Year's Day

New Year's Day, also called simply New Year's or New Year, is observed on January 1, the first day of the year on the modern Gregorian calendar as well as the Julian calendar.

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New Year's Eve

In the Gregorian calendar, New Year's Eve (also known as Old Year's Day or Saint Sylvester's Day in many countries), the last day of the year, is on 31 December which is the seventh day of Christmastide.

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Nicholas Lyell

Nicholas Walter Lyell, Baron Lyell of Markyate, PC, QC (6 December 1938 – 30 August 2010) was an English Conservative politician, known for much of his active political career as Sir Nicholas Lyell.

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Nigel Bridge, Baron Bridge of Harwich

Nigel Cyprian Bridge, Baron Bridge of Harwich, PC (26 February 1917 – 20 November 2007) was one of the leading British barristers and judges of the late 20th Century.

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Overfishing

Overfishing is the removal of a species of fish from a body of water at a rate that the species cannot replenish in time, resulting in those species either becoming depleted or very underpopulated in that given area.

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Oxford University Press

Oxford University Press (OUP) is the largest university press in the world, and the second oldest after Cambridge University Press.

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Parliament of the United Kingdom

The Parliament of the United Kingdom, commonly known as the UK Parliament or British Parliament, is the supreme legislative body of the United Kingdom, the Crown dependencies and overseas territories.

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Parliamentary sovereignty

Parliamentary sovereignty (also called parliamentary supremacy or legislative supremacy) is a concept in the constitutional law of some parliamentary democracies.

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Patrick Neill, Baron Neill of Bladen

Francis Patrick Neill, Baron Neill of Bladen, QC (8 August 1926 – 28 May 2016) was a British barrister and cross bench member of the House of Lords.

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Paul Craig (law professor)

Paul P. Craig (born 27 September 1951) is currently Professor of English Law at the University of Oxford and a Fellow of St John's College.

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Pescanova

Pescanova, S.A. is a Spanish fishing company based in Redondela, Galicia.

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Peter Oliver, Baron Oliver of Aylmerton

Peter Raymond Oliver, Baron Oliver of Aylmerton PC (7 March 1921 – 17 October 2007) was a British judge and barrister.

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Preliminary injunction

A preliminary injunction, in equity, is an injunction entered by a court prior to a final determination of the merits of a legal case, in order to restrain a party from going ahead with a course of conduct or compelling a party to continue with a course of conduct until the case has been decided.

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Preliminary ruling

A preliminary ruling is a decision of the European Court of Justice (ECJ) on the interpretation of European Union law, made at the request of a court or tribunal of a European Union member state.

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Primacy of European Union law

The primacy of European Union law (sometimes referred to as supremacy) is an EU law principle that when there is conflict between European law and the law of Member States, European law prevails; the norms of national law have to be set aside.

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Principle of conferral

The principle of conferral is a fundamental principle of European Union law.

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Punitive damages

Punitive damages, or exemplary damages, are damages intended to reform or deter the defendant and others from engaging in conduct similar to that which formed the basis of the lawsuit.

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Race Relations Act 1976

The Race Relations Act 1976 was established by the Parliament of the United Kingdom to prevent discrimination on the grounds of race.

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Rhodri Thompson

Rhodri Thompson QC (born 5 May 1960) is an English barrister at Matrix Chambers.

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Robert Goff, Baron Goff of Chieveley

Robert Lionel Archibald Goff, Baron Goff of Chieveley, (12 November 1926 – 14 August 2016) was a British judge and law lord.

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Robert Walker, Baron Walker of Gestingthorpe

Robert Walker, Baron Walker of Gestingthorpe, PC, (born 17 March 1938) is an English barrister and former Justice of the Supreme Court of the United Kingdom.

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Rule of recognition

A central part of H.L.A. Hart's theory on legal positivism, in any legal system, the rule of recognition is a master meta-rule underlying any legal system that defines the common identifying test for legal validity (or "what counts as law") within that system.

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Secretary of State for Transport

Her Majesty's Principal Secretary of State for Transport is the member of the cabinet responsible for the British Department for Transport.

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Senior Courts Act 1981

The Senior Courts Act 1981 (c.54), originally named the Supreme Court Act 1981, is an Act of the Parliament of the United Kingdom.

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Simmental

The Simmental is an alpine valley in the Bernese Oberland of Switzerland.

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State liability

State liability is the legal liability of a state.

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Status quo ante bellum

The term status quo ante bellum (often shortened to status quo ante) is a Latin phrase meaning "the state existing before the war".

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Stephen Richards (judge)

Sir Stephen Price Richards (born 8 December 1950) is a former Lord Justice of Appeal.

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Structural Funds and Cohesion Fund

The Structural Funds and the Cohesion Fund are financial tools set up to implement the regional policy of the European Union.

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Technology and Construction Court

The Technology and Construction Court (commonly abbreviated in practice to the TCC) is a sub-division of the Queen's Bench Division, part of the High Court of Justice, which together with the Crown Court and the Court of Appeal, is one of the Senior Courts of England and Wales.

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Thoburn v Sunderland City Council

Thoburn v Sunderland City Council (also known as the "Metric Martyrs case") is a UK constitutional and administrative law case, concerning the interaction of EU law and an Act of Parliament.

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Tom Bingham, Baron Bingham of Cornhill

Thomas Henry Bingham, Baron Bingham of Cornhill (called Tom; 13 October 193311 September 2010), was an eminent British judge and jurist who served as Master of the Rolls, Lord Chief Justice and Senior Law Lord.

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Tom Denning, Baron Denning

Alfred Thompson “Tom” Denning, Baron Denning, (23 January 1899 – 5 March 1999) was an English lawyer and judge.

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Tort

A tort, in common law jurisdictions, is a civil wrong that causes a claimant to suffer loss or harm resulting in legal liability for the person who commits the tortious act.

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Treaty of Rome

The Treaty on the Functioning of the European Union (TFEU; also referred to as the Treaty of Rome) is one of two treaties forming the constitutional basis of the European Union (EU), the other being the Treaty on European Union (TEU; also referred to as the Treaty of Maastricht).

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Van Gend en Loos v Nederlandse Administratie der Belastingen

Van Gend en Loos v Nederlandse Administratie der Belastingen (1963) Case 26/62 was a landmark case of the European Court of Justice which established that provisions of the Treaty Establishing the European Economic Community were capable of creating legal rights which could be enforced by both natural and legal persons before the courts of the Community's member states.

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William Wade (legal scholar)

Sir Henry William Rawson Wade (16 January 1918 – 12 March 2004), known as William Wade, was a British academic lawyer, best known for his work on the law of real property and administrative law.

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1993 Cherbourg incident

The 1993 Cherbourg incident were a series of maritime incidents which took place from 26 March to 2 April 1993 between the British Royal Navy and French fishermen as a result of a fishing rights dispute in and around the Channel Islands waters.

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2018

2018 has been designated as the third International Year of the Reef by the International Coral Reef Initiative.

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2019

2019 (MMXIX) will be a common year starting on Tuesday of the Gregorian calendar, the 2019th year of the Common Era (CE) and Anno Domini (AD) designations, the 19th year of the 3rd millennium, the 19th year of the 21st century, and the 10th and last year of the 2010s decade.

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Redirects here:

Brasserie du Pêcheur SA v Bundesrepublik Deutschland and R v Secretary of State for Transport, ex parte: Factortame Ltd, ECLI:EU:C:1990:257, Factortame, Factortame (No 3), Factortame case, Factortame litigation, R (Factortame Ltd) v SS for Transport, R (Factortame) v SS for Transport (No 3), R v Secretary of State for Transport ex parte Factortame Ltd (No 2), R v Secretary of State for Transport, ex p Factortame Ltd, R v Secretary of State for Transport, ex parte Factortame Ltd, R v Secretary of State, ex parte Factortame Ltd (No 1).

References

[1] https://en.wikipedia.org/wiki/R_(Factortame_Ltd)_v_Secretary_of_State_for_Transport

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